logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.08.28 2020노1465
업무방해등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination is an unfavorable circumstance, such as that the Defendant interfered with emergency medical personnel’s duties in an emergency room and destroyed the equipment of the hospital, and committed the same kind of crime during the suspension of execution due to obstruction of performance of official duties and damage to public goods.

However, it is favorable that the defendant recognized the crime of this case, and the defendant recovered the damage and damage of property at the investigation stage, and the victims do not want the punishment by mutual consent with the victims, etc.

In full view of such circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and various conditions of sentencing as indicated in the instant records and arguments, the lower court’s punishment was too unreasonable as it changed the sentencing conditions in the trial.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 366 of the Criminal Act, and the selection of fines for crimes;

1. Of concurrent offenders, the sentence shall be determined as per the order, taking into account the various circumstances as seen in the part concerning the allegation of unfair sentencing on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, of the Act on the Provisional Payment Order under Articles 37 (former part), 38(1)2, and 50 (within the scope of adding up the maximum amount of the two crimes) of the Criminal Act.

arrow